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This week PageFair wrote to the permanent representatives of all Member States of the European Union in support for the proposed ePrivacy Regulation.
Our remarks were tightly bounded by our expertise in online advertising technology. We do not have an opinion on how the proposed Regulation will impact other areas.
The letter addresses four issues:
PageFair supports the ePrivacy Regulation as a positive contribution to online advertising, provided a minor amendment is made to paragraph 1 of Article 8.
We propose an amendment to Article 8 to allow privacy-by-design advertising. This is because the current drafting of Article 8 will prevent websites from displaying privacy-by-design advertising.
We particularly support the Parliament’s 96th and 99th amendments. These are essential to enable standard Internet Protocol connections to be made in many useful contexts that do not impact of privacy.…

This note discusses a letter that PageFair submitted to the Article 29 Working Party. The answers may shape the future of the adtech industry.
Eventually the data protection authorities of Europe will gain a thorough understanding of the adtech industry, and enforce data protection upon it. This will change how the industry works. Until then, we are in a period of uncertainty. Industry can not move forward, business can not flourish. Limbo does not serve the interests of publishers. Therefore we press for certainty.
This week PageFair wrote a letter to the Article 29 Working Party presenting insight on the inner workings of adtech, warts and all.
Our letter asked the working party to consider five questions. We suspect that the answers may shape the future of the adtech industry.…

The “legitimate interest” provision in the GDPR will not save behavioral advertising and data brokers from the challenge of obtaining consent for personally identifiable data.
As previous PageFair analysis illustrates, personally identifiable data (PII) will become toxic except where it has been obtained and used with consent once the General Data Protection Regulation is applied in May 2018.
Even so, many advertising intermediaries believe that they can continue to use PII data without consent because of an apparent carve-out related to “legitimate interest” contained in the GDPR. This is a false hope.